If you have a Child Welfare Hearing coming up, this page explains what will happen, what the sheriff is looking for, and how to prepare. Our solicitors appear at Child Welfare Hearings in sheriff courts across central Scotland every week. Call 0800 779 7848 for a free initial telephone call of approximately 10–15 minutes.
What Is a Child Welfare Hearing?
A Child Welfare Hearing is a private hearing before a sheriff, fixed at an early stage of a court action about a child — most commonly where a residence order, contact order or specific issue order is sought under section 11 of the Children (Scotland) Act 1995. It is practical and problem-solving rather than adversarial. The sheriff speaks to the parties directly, identifies the real issues, and looks for a way forward that serves the child’s welfare. Both parties are expected to attend personally, not simply through their solicitors.
When Does a Child Welfare Hearing Take Place?
Where an application for a section 11 order is opposed, the court fixes a Child Welfare Hearing no sooner than 21 days and no later than 49 days after the last date for lodging the notice of intention to defend. For actions raised since 25th September 2023, defended family actions follow a case management procedure, and the sheriff may hear the Child Welfare Hearing at the same time as the Initial Case Management Hearing to reduce the number of court dates. A hearing can also be fixed at any later stage where the sheriff considers it appropriate.
What Happens at the Hearing?
The sheriff seeks to secure the expeditious resolution of disputes about the child. In practice that means testing each party’s proposals, exploring whether agreement is possible on some or all issues, making interim orders for residence or contact where needed, appointing a child welfare reporter to investigate and report, considering a referral to family mediation, and fixing further hearings where matters remain in dispute. Where there are averments of domestic abuse, the sheriff must have particular regard to them when considering whether mediation is appropriate.
How Should I Prepare?
Know precisely what you are asking for and why it serves your child rather than you. Be ready to answer the sheriff directly, in your own words. Bring realistic proposals, since a sheriff will quickly identify a position adopted for tactical reasons. Tell your solicitor everything relevant beforehand, including anything unhelpful to you, because it is far better addressed in preparation than discovered in the hearing.
Can the Sheriff Make Orders at the Hearing?
Yes. Interim residence and interim contact orders are commonly made, sometimes with conditions such as supervised contact or handover arrangements. Interim orders regulate the position while the case continues; they are not a prediction of the final outcome, although in practice arrangements that work well tend to endure.
Who Is the Child Welfare Reporter?
A child welfare reporter is appointed by the court to seek the child’s views, or to investigate and report on the child’s circumstances and best interests. Reporters are currently appointed under existing court arrangements. The Children (Scotland) Act 2020 provides for a national register of child welfare reporters, but that part of the Act is not yet in force, so the register does not yet operate.
These are entirely different. A Child Welfare Hearing is a private hearing before a sheriff in a family court action between individuals, usually parents. A Children’s Hearing is a panel within Scotland’s children’s hearings system, dealing with children who may need compulsory measures of care, arranged through the Children’s Reporter.
We act for parents and family members in Child Welfare Hearings. This page does not cover the children’s hearings system.
What Happens After the Hearing?
Many cases resolve at or shortly after a Child Welfare Hearing, either by agreement recorded in a Minute of Agreement or by orders that both parties accept. Where material disputes remain, the case proceeds through case management towards proof, at which evidence is led and the sheriff decides. Orders can be varied later where there is a material change in circumstances, because the child’s welfare remains the governing test throughout. Our guide to child residence and contact in Scotland covers the wider court process.
How We Work and What It Costs
Family law is all we do. Your first 10–15 minute telephone consultation is free, and where work cannot be done on a fixed fee we charge in 3-minute units — half the 6-minute units many firms use — so short items of work are rounded up by less. We are direct about prospects: if a position is unlikely to succeed at a Child Welfare Hearing, we will tell you before you spend money on it. See our transparent fees.
Frequently Asked Questions
Do I have to attend the hearing in person?
Yes. Parties are expected to attend a Child Welfare Hearing personally, not simply through their solicitors, because the sheriff wants to hear from you directly.
Is a Child Welfare Hearing open to the public?
No. Child Welfare Hearings are conducted in private.
How long does a Child Welfare Hearing last?
Hearings are commonly listed for thirty minutes to an hour. Complex cases may need longer or further hearings.
Can my child attend the hearing?
Children do not usually attend. The court obtains the child’s views through a child welfare reporter, a form sent to the child, or another manner the court considers suitable.
What happens if the other party does not appear?
The sheriff may proceed in their absence, make interim orders, or fix a further hearing. Failing to appear rarely assists the absent party.
Talk to a Specialist Before Your Hearing
Free 10–15 minute telephone consultation · Law Society Accredited specialists · Offices and consultation locations across central Scotland
Legal review: Brian Rooney, Managing Partner and Law Society of Scotland Accredited Specialist in Family Law. Last reviewed: July 2026.
